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here's a good question - if a different circuit court had ruled on the case - say the 10th circuit court - would we have gotten a different outcome?
Maybe not -- I've read from a fairly knowledgeable source that a federal restraining order cannot be "undone" on an emergency basis like an injunction can. Unfortunately this source did not provide any kind of citation for the claim and I can't find anything to verify it without spending more time digging into it than I have at the moment.
I love how everyone is suddenly a constitutional law scholar.
I know, ain't it grand? Heck Obama IS a Constitutional scholar and even he violated it from time to time (or frequently depending on your political bent)...
No. As everyone knows, there are foreigners legally present in the US as tourists, on student, work, etc., visas, and as Green Card holders. That statute enables them to use US Federal courts to litigate against US persons/entities, even though they are not US citizens.
Wrong where does it say that? It says citizens of foreign states suing citizens of the US give rise to jurisdiction in federal district court.
Did you also know foreign governments can sue you in federal court? It's under (d)(4).
You're mixing issues, I was providing an example to somebody of how foreign citizens actually can be subjected to our jurisdiction without physical presence.
We are not discussing the Constitution. We are discussing the United States Code, specifically 8 USC 1182, which states (in part):
(f) Suspension of entry or imposition of restrictions by President Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
It doesn't seem to require a Juris Doctor Degree to understand what that portion of the Code means. It seems very clear, written in plain English instead of legalese, and it has been on the books since 1952!
Anyone who disagrees with the clarity of the first sentence of that paragraph, please explain, in detail, exactly where your disagreement is.
There is also another law - USC 1152(1)(A), was added in 1965. It provides that “no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.”
An article in the Atlantic points out that the issue might hinge on whether the judges think that the law passed in 1965 modifies the 1952 law, which it would seem to, or whether they feel that the 1952 law modifies the 1965 law but it's hard to see how an earlier law could modify a later law in my opinion - but I'm not a legal scholar. Here is the article that discusses this
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